2001 (1) TMI 35

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..... ications are interlinked and are disposed of by this common order. At the instance of the Revenue, the following question has been referred for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessee-company is an industrial undertaking and thereby allowing deduction under section 80J of the Income-ta .....

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..... d the total worth of machinery owned by the assessee was only Rs. 131. The matter was carried in appeal for both the years, before the Appellate Assistant Commissioner (in short "the AAC"), and the Commissioner of Income-tax (Appeals) (in short "the CIT(A)", for the two years respectively. The first appellate authority held for the assessment year 1975-76 that the assessee was not an industrial un .....

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..... to avail of the benefit under section 80J. From the admitted facts of the case, we find that the number of workers employed was below the requisite number as stipulated in the provisions. The payments made on piece rate basis to fabricators, dyers, printers, embroiderers, etc., have been treated as payment on piece rate basis to workers by the Tribunal. The factual position indicated by the author .....

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